Retaliatory Discharge Claim Not Covered by Arbitration Provision in Employee Confidentiality Agreement
In Collier Engineering Co v. Martin (Tenn. Ct. App. M.S., No. M2022-01641-COA-R3-CV, Sept. 23, 2024), Collier Engineering sued Martin, a former employee, for breach of contract – specifically, an “Employee Confidentiality, Non-Compete, and Non-Solicitation Agreement”...
Employer Must Re-Open Union Facility Due to Unfair Labor Practice – Sixth Circuit
In Quickway Transportation v. National Labor Relations Board, Teamsters Union Local 89 (Intervenor), Sixth Circuit, Nos. 23-1780/1820 (Sept. 11, 2024), the Union had successfully organized the employees at Quickway’s Louisville, Kentucky distribution facility....
Sixth Circuit Affirms Jury Verdict for Sexual Harassment
After a four-day trial and three days of deliberations, a jury in the Eastern District of Tennessee found in favor of the plaintiff Ariel Schlosser, awarding $58,170.00 in back pay incurred subsequent to her resignation. Schlosser was hired as a certified diver for...
Employee’s Title VII Claims Survive “Last Chance Agreement”
In Moore v. Coca-Cola Bottling Company Consolidated (6th Cir., No. 23-3775, 08/22/2024), the plaintiff Moore signed a Second Chance Agreement (SCA) after a positive drug test. Later, due to an insubordination charge, he signed a Last Chance Agreement (LCA) which...
Sixth Circuit Finds Complaint Sufficiently Alleges Failure to Accommodate Religious Beliefs
In Sturgill v. American Red Cross (6th Cir., No. 24-1011, 08/21/2024), the employer fired Sturgill for not getting a COVID vaccination, finding that she was medically—but not religiously—opposed to the vaccine. Sturgill sued, alleging a failure to accommodate her...
Supreme Court Speaks on Arbitration – Yet Again
Last week, in Coinbase, Inc. v. Suski, 144 S.Ct. 1186, 2024 WL 2333424 (May 23, 2024), the U.S. Supreme Court unanimously held that when there are two conflicting contracts between the parties - one that requires a court to address a question of arbitrability and...